On November 10, 2017, indictments as of the Head of the State Fiscal Service of Ukraine (SFS) and the Head of the Debt Redemption Department of the SFS were sent to court by the prosecutors of the Specialized Anti-Corruption Prosecutor’s Office (SAPO). The Head of SFS is suspected of committing crimes under Part 2 Article 364, Part 1 Article 366 of the Criminal Code of Ukraine (CCU) and the Head of the Debt Redemption Department of SFS is suspected of committing crimes under Part 5 Article 27, Part 2 Article 364 of the CCU. The pre-trial investigation in this criminal proceeding was completed on July 28, 2017. The suspects and the defense were getting aquainted with the documents of the pre-trial investigation for more than 3 months.
The investigation revealed that the Head of the SFS was involved in the so-called "Onyshchenko’s gas case". According to the NABU Detectives, in 2015 the accused Head of the SFS made a number of decision on deferred rent provision for payment for the use of subsoil for the companies involved in the scheme for a total amount of 2.019 billion UAH.
In particular, the decisions were backdated without any reasonable ground and were taken after the rent payment deadlines ran out for the abovementioned companies. The deferred rent was also provided without approval of the Ministry of Finance of Ukraine, although their life-term exceeded one budget year. The investigation also revealed that the Head of the SFS submitted false data on these companies’ tax debt absence to PJSC Ukrgazvydobuvannya and to the State Service of Geology and Mineral Resources of Ukraine. So, he concealed the fact of operators’ failure to meet the conditions of joint agreements in terms of subsoil use rent payment to the budget, which could be grounds for termination of agreements between PJSC Ukrgazvydobuvannia and companies involved in the so-called "Onyshchenko’s gas case".
If found guilty, the accused persons may face imprisonment from 3 to 6 years with disqualification to hold certain positions or to be engaged in certain activities for up to three years and with a fine equivalent to the sum starting from five hundred and up to one thousand non-taxable minimum incomes of citizens.
The NABU Detectives started the pre-trial investigation of the abovementioned facts in March 2017.